Frier Levitt co-founding partner Daniel Frier is featured in MedCity News discussing the high-stakes Supreme Court case Braidwood Management v. Becerra in the article, “How the Pending Supreme Court Decision on Preventive Care Could Affect the Healthcare Industry.”
The case, set for oral arguments on April 21, challenges a central provision of the Affordable Care Act (ACA) that requires most private insurers to cover preventive services—such as cancer screenings, STD testing, and pregnancy care—without cost-sharing. Plaintiffs argue that the U.S. Preventive Services Task Force, which determines the recommended services, was unconstitutionally appointed and that the requirement to cover medications that prevent HIV infection goes against their religious beliefs. If the Supreme Court upholds the lower court ruling, millions could lose access to no-cost preventive care, unraveling a cornerstone of the ACA.
Daniel weighed in on the potential legal outcomes, believing it could be likely that the Supreme Court sides with the plaintiffs on the Religious Freedom Restoration Act. He states, “They might say that the task force is constitutional, but its decision related to the types of issues that religious organizations might find inappropriate is not enforceable…That could open up a huge can of worms for healthcare decisions. You could have religious organizations that don’t believe in transfusions. You have religious organizations that don’t believe in treatment of certain types of illnesses or pregnancy prevention or pregnancy terminations.”
However, he also pointed out that despite a possible ruling against the mandate, many health plans and employers may continue to cover these services without cost-sharing because it’s in their best interest. This decision could reshape access to preventive healthcare across the country—and Daniel’s insights underscore the complex legal and policy ripple effects at stake.
